Who gets the wedding and engagement rings during divorce?

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When parties decide to get married, an engagement usually takes place first where an engagement ring is given. At the time of the marriage, wedding rings and/or bands are then exchanged during the wedding ceremony. These rings are generally gifts from one party to the marriage to the other.

When a divorce takes places, the question that often comes up is who gets these rings? In some marriages, these items are not in dispute. But in other divorces, one party might demand the return of the wedding and/or engagement ring.

In many of these cases, one party may feel as if they had to save and make a significant investment in order to make the purchase. Especially if the marriage is short-term in duration, a party can then feel as if the return of these items is the right thing.

The laws in each state can vary. The facts of every marriage is also different. This is why it is important for any party to consult with an attorney who is licensed and competent to practice law in their jurisdiction.

One item that is generally considered separate property are gifts to a spouse. Generally speaking, wedding rings, bands and/or engagement rings would fall under the gift exception.

So, while party might demand the return of these items during divorce, the practical reality is that in most situations that does not take place unless one party agrees to do so as part of the divorce resolution.